Arizona & Arpaio in Federal Court [View all]

[scottban]

Heredia is a Surprise AZ cop. The Fed. Judge on the case is a Bush appointee and seeks to bury this case. Note the Nelson mentioned below is a top advisor/crony of Arpaio. See www.sheriff-arpaio.com. Outrageously, civil litigation (protected speech) is a crime in AZ under the plain language of the harassment statute. The below motion deals with the use of the statute to protect Arpaio cronies from litigation and legal process. Original formatting not intact below.


UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA

Scott Huminski, )
Plaintiff, ) CIVIL ACTION
)
-V- )
) DOCKET NO. 2:11-cv-00896-DGC
Hector Heredia, et al., )
Defendants. )

MOTION FOR PRELIMINARY INJUNCTION RE: ENFORCEMENT OF ARIZONA Rev Stat § 13-2921,
MOTION TO JOIN PARTIES

NOW COMES, plaintiff Scott Huminski and pursuant to F.R.Civ.P. 65(a) moves for preliminary injunction preventing the enforcement of AZ Rev Stat § 13-2921 as the plain language of the statute unconstitutionally criminalizes civil litigation in violation of the First Amendment and Due Process. The statute criminalizes speech that "alarms, annoys or harasses". All of these traits are unavoidable consequences of litigation and legal process. Criminalizing litigation violates the free speech and due process provisions of the First and Fourteenth Amendments to the United States Constitution.
Plaintiff concurrently moves to join the following parties pursuant to F.R.Civ.P. 19(a) to afford complete injunctive relief:
Lynn Arouh, Prosecutor, Town of Gilbert, Arizona,
Gary Verburg, City Attorney, Phoenix, Arizona,
Debbie Spinner, City Attorney, Mesa, Arizona,
Michael Bailey, City Attorney, City of Surprise, Arizona,
Arizona, State of,
Tom Horne, Arizona Attorney General,
William Montgomery, Maricopa (Arizona) County Attorney.
This suit arose out of the Surprise Police email sent pursuant to AZ Rev Stat § 13-2921 to Plaintiff the day prior to a civil hearing in Mesa Municipal Court thereby manipulating, tampering with and obstructing the civil case Huminski v. Nelson, forcing Scott Huminski to absent himself from that hearing to avoid criminal liability and arrest,
"Please do not have any type of contact with either Michael Nelson [sic] or ... ".

Both the statute and the police email are unconstitutionally vague and vastly over broad. Their enforcement must be enjoined. The City of Phoenix Police refused to investigate an assault in support of and compliance with AZ Rev Stat § 13-2921 concerning the delivery of legal papers at the County Attorney's Office in collateral federal litigation.
Dated at Gilbert, Arizona this 7th day of February, 2012.


_________________________
Scott Huminski, pro per

A copy of the foregoing was served upon William Doyle, 1313 E. Osborn Rd. #220, Phoenix, AZ 85014, on February 7, 2012, by hand-delivery or First Class Mail, prepaid. Copies were also forwarded to the proposed joined parties.


____________________
Scott Huminski